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Retail & E-Commerce
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August 27, 2024
19 New Jersey Stores Cited For Selling Flavored Vapes
Nineteen New Jersey shops could face fines of $4,500 for selling flavored vapor products, which were outlawed in the Garden State in April 2020, the state attorney general said Tuesday.
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August 27, 2024
CPSC Suit 'Makes A Mockery' Of Standing, SG Tells Justices
The federal government is urging the U.S. Supreme Court to pass on a "highly artificial suit" that seeks to unravel removal protections for commissioners on the Consumer Product Safety Commission, saying the groups behind the suit have no standing to pursue the legal challenge.
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August 27, 2024
Deceptive Coppertone Label Suit Tossed From Conn. Court
Consumers who filed suit against the makers of Coppertone sunscreen have agreed to drop their proposed class action claiming its "Face 50" Sports Mineral sunscreen was deceptively advertised, according to an order issued Monday in Connecticut federal court.
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August 27, 2024
Google Wants Out Of IP Suit Over Pirated Books
Google asked a Manhattan federal judge to dismiss allegations that it allowed advertisements to be shown to users from websites that sell pirated textbooks, claiming it has no ability to supervise those sites and isn't profiting from alleged pirating.
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August 27, 2024
NBA Star Can't Sidestep TM Dispute Over Signature Shoe
NBA player LaMelo Ball, his family and Puma North America Inc. must face a trademark infringement suit brought against them over the athlete's signature shoes, a California federal judge has ruled, finding that there are factual disputes to resolve and that California federal court does have jurisdiction.
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August 27, 2024
Va. Ad Tech Judge Warns Google Over Chat Deletion
Google's defense of its advertising technology could get a little harder after a Virginia federal judge on Tuesday kept the door open to assuming that deleted internal chats hid evidence that would support U.S. Department of Justice monopolization claims bound for a bench trial next month.
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August 26, 2024
Albertsons Paints Picture Of Dire Future Without Kroger Deal
Albertsons told an Oregon federal judge Monday that if the Federal Trade Commission is able to block a proposed merger with Kroger, it could lead to layoffs and shuttered stores, because a go-it-alone Albertsons doesn't have the wholesale buying power to compete with Walmart and Costco on prices.
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August 26, 2024
'Roller Lash' and 'Lash 'N Roll' Mascaras Face Off In TM Trial
Benefit Cosmetics told a San Francisco federal judge at the start of a trademark and trade dress infringement bench trial Monday that rival e.l.f. Cosmetics sought the "holy grail" when it created a "Lash 'N Roll" mascara that ripped off Benefit's $300 million-blockbuster "Roller Lash" product.
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August 26, 2024
Pool Co. Secures $1.1M In Fees For False Ad Trial Win
A North Carolina federal judge has granted $1.1 million in fees for attorneys from McCarter & English LLP and Womble Bond Dickinson who represented a swimming pool salt system supplier in a trial against a competitor, finding the case qualifies as exceptional since the opposing company acted "unreasonably."
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August 26, 2024
Care.com To Pay $8.5M To Settle FTC's Deception Claims
Caregiver job website Care.com has agreed to shell out $8.5 million in refunds to put to rest allegations it misled caregivers about wages and job availability and also made it difficult for families to cancel paid memberships, the U.S. Federal Trade Commission announced Monday.
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August 26, 2024
Estate Says Circle K Hid Inspector's Name In Death Suit
The family of a woman who died at a Circle K gas pump asked a Florida judge to sanction the company for allegedly failing to disclose the name of the contractor that inspected the gas station before the statute of limitations for wrongful death claims had run out.
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August 26, 2024
Former Google Execs Fight Ad Tech Trial Subpoenas
Former Google vice presidents and other company managers have filed a series of motions asking a Virginia federal judge to block U.S. Department of Justice subpoenas trying to force their testimony at next month's advertising technology monopolization trial, arguing their live participation is unneeded and improperly demanded.
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August 26, 2024
Store Seeks Coverage For Murdaugh Boat Crash-Related Suit
A convenience store accused of negligently selling alcohol to disgraced former lawyer Alex Murdaugh's underage son, who later crashed a boat that led to a girl's death, sought coverage from its insurers for a related civil conspiracy lawsuit, maintaining that the suit falls within its policies' scope of coverage.
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August 26, 2024
Jury Awards Lashify $31M In Worldbeauty Patent Case
Lashify Inc., a California company that sells do-it-yourself eyelash extension kits, is entitled to more than $30.5 million in damages from a China-based rival that infringed three of its patents, a federal jury in Texas has found, potentially opening the door to more intellectual property litigation in the beauty industry.
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August 26, 2024
Restaurants Seek Grubhub's Revenue, Staff Info For TM Suit
Restaurants pursuing a proposed class action against Grubhub Inc. for alleged trademark infringement have urged an Illinois federal court to order the food-delivery platform to comply with discovery requests, including information about orders and revenue from establishments that never agreed to partner with Grubhub.
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August 26, 2024
Pa. Goodwill Qualifies For Charitable Exemption, Court Says
A Goodwill store in Pennsylvania qualifies for a charitable exemption from property tax, the state's Commonwealth Court ruled Monday, finding the store satisfies constitutional requirements for the exemption by providing employee training and driver's training.
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August 26, 2024
CLE Co. Accused Of Sharing Subscriber Data With Facebook
A proposed class of legal professionals has hit Lawline with a putative class action in New York federal court, accusing the continuing legal education company of violating the Video Privacy Protection Act by sharing subscribers' information, including services and video viewing history, with third parties such as Facebook for targeted advertising purposes.
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August 26, 2024
Grubhub Can't Escape Suit Over Judge Killed By Driver
Grubhub must face a lawsuit brought by the family of a Phoenix-area judge who died after being struck by one of the food delivery service's drivers since the app that allegedly distracted the driver could be considered a "product," an Arizona state court judge has ruled.
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August 26, 2024
Texas Cases To Watch In Last Half Of 2024
Courts across the state are poised to make decisions in several high-stakes cases over the next several months, including ruling on whether Texas Attorney General Ken Paxton can be deposed in a long-running employment retaliation suit and whether a challenge to Texas' floating Rio Grande barrier must be tried before a jury.
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August 26, 2024
Toy Giant Playing Games With Royalties, Suit Says
Toy maker Spin Master Ltd. is shorting a Massachusetts company on royalties it agreed to pay to use designs for a handful of big-wheeled, remote-controlled monster trucks and other vehicles, according to a state court lawsuit.
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August 23, 2024
FTC Notches Win In Amazon Prime Document Battle
A Washington federal judge said Thursday that Amazon can't force the Federal Trade Commission to hand over internal documents in a case alleging customers were duped into signing up for Prime services, saying the materials were not relevant to the company's defenses.
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August 23, 2024
Vaping Co. VPR Says Rival Ashh Infringing E-Cig Tech
Florida-based e-cigarette manufacturer VPR Brands has slapped a rival with a patent infringement lawsuit, telling a Michigan federal court that its competitor has been making and selling vapes that infringe its patented "electronic inhaler" and atomizer system.
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August 23, 2024
Pot Entrepreneur Seeks To Ensure Judgment On Ex-Partner
A cannabis entrepreneur urged a Colorado federal judge Friday to bar his former business partner from making any equity transactions until after the court has the opportunity to revisit a $6.4 million judgment ruling as part of a recent Tenth Circuit remand.
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August 23, 2024
Albertsons-Kroger Deal Tests FTC's Stepped-Up Merger Policy
The Federal Trade Commission's highly anticipated hearing to block Albertsons' planned $24.6 billion merger with Kroger kicks off Monday in a Portland, Oregon, courtroom in what attorneys say will be a pivotal test of the Biden administration's newly formalized merger policy.
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August 23, 2024
Western Union Seeks To Toss Most Claims In $8M Breach Suit
Western Union looks to shake off the bulk of a point-of-sales device manufacturer's $8.1 million breach of contract case, telling a Colorado federal court that much of the suit arose from purchase orders to which the financial services company hadn't been party.
Expert Analysis
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
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Takeaways From Tossed Deal In Visa, Mastercard Class Action
Given the rejection of a proposed deal in the long-running merchant antitrust class action against Visa and Mastercard in New York federal court, sweetening the proposed settlement pot likely will not be an option, leaving few possible outcomes including splitting the class and allowing opt-outs, say attorneys at Davis Wright.
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What High Court TM Rulings Tell Us About Free Speech
Recent U.S. Supreme Court rulings show tension between free speech and trademark law, highlighting that while political mockery is protected, established brands may be forced to adapt to evolving cultural values, says William Scott Goldman at Goldman Law Group.
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Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
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2 Lessons From Calif. Overtime Wages Ruling
A California federal court's recent decision finding that Home Depot did not purposely dodge overtime laws sheds light on what constitutes a good faith dispute, and the extent to which employers have discretion to define employees' workdays, says Michael Luchsinger at Segal McCambridge.
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Justices' Starbucks Ruling May Limit NLRB Injunction Wins
The U.S. Supreme Court’s recent decision in Starbucks v. McKinney, adopting a more stringent test for National Labor Relations Board Section 10(j) injunctions, may lessen the frequency with which employers must defend against injunctions alongside parallel unfair labor practice charges, say David Pryzbylski and Colleen Schade at Barnes & Thornburg.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.
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A Look At State AGs Supermarket Antitrust Enforcement Push
The ongoing antitrust intervention by state attorneys general in the proposed Kroger and Albertsons merger suggests that states are straying from a Federal Trade Commission follow-on strategy in the supermarket space, which involved joining federal investigations or lawsuits and settling for the same divestment remedies, say attorneys at Troutman Pepper.
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.
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Big Business May Come To Rue The Post-Administrative State
Many have framed the U.S. Supreme Court’s recent decisions overturning Chevron deference and extending the window to challenge regulations as big wins for big business, but sand in the gears of agency rulemaking may be a double-edged sword, creating prolonged uncertainty that impedes businesses’ ability to plan for the future, says Todd Baker at Columbia University.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.
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Series
In The CFPB Playbook: Making Good On Bold Promises
The U.S. Supreme Court's decision upholding the Consumer Financial Protection Bureau's funding structure in the second quarter cleared the way for the bureau to resume a number of high-priority initiatives, and it appears poised to charge ahead in working toward its aggressive preelection agenda, say Andrew Arculin and Paula Vigo Marqués at Blank Rome.
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Opinion
States Should Loosen Law Firm Ownership Restrictions
Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.
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Series
Solving Puzzles Makes Me A Better Lawyer
Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.